H-1B Visas & University-Sponsored Permanent Residency

Working Group Results & Next Steps

Adria Baker, Director – International Students & Scholars

Jana Callan, Director – Recruitment & Systems Management (HR)

The H-1B and Permanent Residency Process

What Raised the Issue?• The process is complex, involves many

offices, and no one group “owns” or monitors the entire process.

• Increased numbers of H-1Bs and University-sponsored Permanent Residency application requests, with an expectation of greater growth ahead, given the V2C.

• Laws have changed and non-compliance penalties have increased.

H-1B Visas

• Used to employ a professional temporarily in a “specialty occupation”.

• Maximum of six (6) years.

• Requires a new petition if: 1) transferring visa to new employer, or 2) when job changes significantly.

H-1B requires…• Employer sponsorship for a specific job

• Prevailing wage determination

• Attestations to the Department of Labor

• Maintenance of a central public audit file

• Subject to audit from the DOL

H-1B Costs/Timing

• Rice MUST pay $500 anti-fraud fee

• Total estimated costs are $2,500

• Premium processing, an addtl. $1,250

• Processing time, 5-6 months– With premium processing, 4-6 weeks

University-Sponsored Permanent Residency• Available in different ways for

different groups:– EB1 for “Extraordinary or Outstanding

Workers”– EB2 for “Advanced Degree Workers”– EB3 for “Professional & Skilled Workers”

• For employment based groups other than EB1, Department of Labor requires labor certification, called PERM.

PERM requires …• Rice sponsorship for a specific job

• Prevailing wage determination

• Attestations to the Department of Labor

• Maintenance of a compliance file (5 year retention period per case)

• Being subject to audit from the DOL

Permanent Residency & PERM Costs/Timing

• Rice must pay all PERM -related fees/expenses (approx. $4,000).

• Estimated total cost of Permanent Residency & PERM combined is $9,000 to $10,000.

• Processing time is variable based on the employment category.

Why the need for procedures and a process?

• Increase in recruitment & hiring of international faculty & staff

• Requests from Rice departments for clarification of process and procedures

• Change in DOL laws regarding PERM

Why the need for procedures and a process? (cont.)

• DOL’s “outreach” effort to train employers on the new laws.

• Lack of compliance could lose Rice the ability to sponsor H-1B visas or university-sponsored PRs.

Working Group’s Charge (Sponsored by Provost Levy-July 2007):• Reviewing issues and identifying risks.• Reviewing changes in recent laws and

DOL audit practices.• Outlining appropriate procedures for

processing H-1B and PR while maintaining compliance.

• Identifying who’s responsible for what piece (and risks).

Processes …• Are different depending upon the

type of employee being hired, i.e.– Faculty– Staff (including research staff)– Postdoctoral Associates

• On what is being applied for– H-1B – Permanent Residency and the employment

category

Processes … (cont.)

• And involve:– The employee– Hiring department– Immigration attorney– Human Resources– Office of International Students &

Scholars

What’s Next• Dean’s Council update, November 28

• Focus group opportunity, December 3; 9:30-10:30am; OISS, A 2nd floor, Lovett Hall

• Trainings, December 10 & date in January TBA

• “Manual” of Processes/Forms posted on HR & OISS websites

H-1B /PR Working GroupWorking Group

• Kathy Collins, VP for Finance• Mary Cronin, Assoc VP for HR• Colleen Dutton, Human Resources• Carlos Garcia, Office of the

General Counsel• Kevin Kirby, VP for Administration• Carol Quillen, Vice Provost –

Academic Affairs• Yemeen Rahman, Info. Technology• John Randall, Bioengineering• Bart Sinclair, Brown School of

Engineering• Tessie Skulski, Controller’s Office• Richard Zansitis, General Counsel

Co-Chairs

• Adria Baker, Office of International Students & Scholars

• Jana Callan, Human Resources

Special Visitors

• Paula Sanders, Dean of Graduate & Postdoctoral Studies

• Judy Lee, Immigration Attorney – Quan Burdette & Perez